The Federal High Court in Lagos on Wednesday convicted two Chinese nationals, Huang Haoyu and An Hongxu, on cyber-terrorism and a N3.4 billion fraud charges.
The convicts, alongside one Friday Audu, were among a syndicate of 792 fraudsters arrested for cryptocurrency, investment and romance fraud on 19 December 2024 in Lagos.
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They were arrested during a surprise operation tagged ‘Eagle Flush Operation’ by the Economic and Financial Crimes (EFCC) operatives.
Some of the suspects had been convicted and sentenced to varying terms of imprisonment in separate trials last year.
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On Wednesday, trial judge Daniel Osiagor convicted Haoyou and Hongxu after they changed their pleas from “not guilty” to “guilty” during Wednesday’s proceedings.
The judge imposed cumulative 46 years’ imprisonment on each of the two convicts, according to a statement by the prosecution agency, EFCC, on Wednesday.
The statement did not disclose the breakdown of the sentences attracted by each of the offences of which they were convicted. That would have revealed the maximum number of years the convicts would spend in prison, since the prison terms on imposed on them for each charge are likely to run concurrently.
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But the statement said the judge gave the convicts an option of a N56 million fine.
He also ordered that they undertake three days of community service and be repatriated to their home country after serving their sentences.
The case was adjourned until 29 April, for the continuation of trial of the third defendant, Friday Audu, who maintained his plea of not guilty.
Plea reversal
Messrs Huanthe g and Hongxu were arraigned alongside Mr Audu and a company, Genting International Co. Ltd., by the EFCC’s Lagos Zonal Directorate 1 on seven counts of cyber-terrorism, internet fraud and money laundering.
The charges involve N3,407,824,740.78 and $2,562,203 allegedly traced to the syndicate.
At the resumed hearing on 11 February, lawyer to the first and third defendants, Bridget Omateno, informed the court that Messrs Huang and Hongxu wished to change their pleas.
When the charges were re-read, both defendants pleaded guilty, while Mr Audu maintained his earlier plea.
Following the plea change, prosecution lawyer Bilikisu Bala-Buhari urged the court to impose the maximum penalty of life imprisonment on counts one to three and 14 years on counts four to seven.
The court subsequently convicted and sentenced the two men.
The offences
According to the EFCC, the defendants conspired in 2024 to access computer systems in a manner capable of seriously destabilising Nigeria’s economic and social structures.
They were accused of recruiting and employing Nigerian youths to falsely pose as foreign nationals on online platforms to defraud unsuspecting victims through cryptocurrency investment scams and romance fraud.
The offences contravene Sections 18 and 27 of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024), as well as provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
The EFCC also alleged that between August and December 2024, the defendants retained N3.4 billion in a Union Bank account belonging to Genting International Co. Ltd., knowing the funds were proceeds of unlawful activities.
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The anti-graft agency said the defendants were among 792 suspected cybercrime operatives arrested on 19 December 2024, during a coordinated operation in Lagos codenamed “Eagle Flush.”
In a statement shared with PREMIUM TIMES on Wednesday, EFCC spokesperson Dele Oyewale said investigations revealed that Mr Audu incorporated Genting International Co. Ltd. at the directive of Mr Huang to facilitate the alleged fraudulent scheme.
Forfeiture
The court ordered the forfeiture of items recovered from four properties in Victoria Island and Ikoyi to the Federal Government.
Recovered items include 1,596 mobile phones, 43 computer systems, 194 routers, a network server, thousands of SIM cards, 126 air-conditioning units, generators, vehicles, office furniture, mattresses and bunk beds.
Bail to defendant
Earlier in the proceedings, Mr Osiagor granted Mr Audu bail in the sum of N50 million with two sureties, one of whom must be a serving director and property owner with verifiable title documents deposited in court.
However, bail was denied to the two Chinese nationals prior to their guilty pleas after the EFCC argued that they were flight risks and key figures in the alleged syndicate.
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